Bismarck, ND asked in Child Custody for Puerto Rico

Q: I am married but my last two children are not my husband's. How can I end his parental rights.

How can I prove he is not the father and end his parental rights

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1 Lawyer Answer
Rafael  Pagan-Colon
Rafael Pagan-Colon
  • Divorce Lawyer
  • San Juan, PR
  • Licensed in Puerto Rico

A: The Puerto Rico Civil Code establishes a presumption that children begotten within a marriage are the offspring of both spouses. A simple paternity test can determine whether of not your husband is the biological father.

Ending your spouse's paternity rights, however, is another matter. How old are your last two children? Were they born while being married to your husband? Whose name appears as "father" on these children's birth certificates?

Article 568 of the Puerto Rico Civil Code establishes a presumption that children begotten during a marriage are the offspring of both spouses; as well as those born within the 300 days following a divorce. Voluntary recognition of paternity establishes a presumption in favor of the declaring parent.

A challenge to your husband's paternity of these two children may be brought before Puerto Rico courts by you, as their biological mother, while the children are still underage; by their biological father(s); or by these selfsame children, once they come of age. However, the statute of limitation to bring this action before the courts prescribes a year after the challenger has any inkling (i.e., suspects) or reasonably knows that the presumed father is not the biological father.

Only in the case of the children, is the statute of limitation extended to the lifetime of the biological father and up to one year after the alleged father's death; in which case, the cause of action may be brought against the alleged biological father's heirs and estate.

Even if the one-year term is still active, alive and well, the Puerto Rico courts (1) may decide to bring in a legal defender (procurador de la familia) to represent your children's interests; and (2) may decide against the paternity lawsuit if the court determines that your husband is the only father your children have known and terminating his paternity rights may cause undue emotional harm to your children.

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